Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. Oesterling
Indiana Supreme Court
From Superior Court of Marion County (80,125); James M. Leathers, Judg-.5 Action by Iienry L. Oesterling against The Cleveland, Cincinnati, Chicago and St. Louis Eailway Company. Prom a judgment for plaintiff, the defendant appeals. (Transferred from the Appellate Court under subd. 2, §1394 Burns 1914, Acts 1901 p. 565.)
1Opinion of the CourtMorris, C. J.
Appellee sued appellant for damages for alleged personal injuries sustained in operating an unguarded ripsaw in appellant’s repair shops. The complaint is in two paragraphs, and error is predicated on the action of the trial court in overruling appellant’s demurrer to each paragraph.
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Appellant presents the following proposition: “Each paragraph of complaint shows that the appellee was guilty of contributory negligence. Two acts of negligence are charged in each paragraph against the defendant, first by failing to guard the saw in question, and second, by maintaining the saw in a dangerous…
2Cases cited10 opinions
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. GossettIndiana Supreme Court · 1909
- Diamond Block Coal Co. v. CuthbertsonIndiana Supreme Court · 1906
- Balue v. TaylorIndiana Supreme Court · 1894
- State ex rel. White v. ScottIndiana Supreme Court · 1908
- Duffy v. EnglandIndiana Supreme Court · 1911
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Hiatt v. YerginIndiana Court of Appeals · 1972
- Camenzind v. Freeland Furniture Co.Oregon Supreme Court · 1918
- Gerdenich, Admx. v. GossIndiana Court of Appeals · 1945
- Illinois Car & Manufacturing Co. v. BrownIndiana Court of Appeals · 1917
- Hiatt v. YerginIndiana Court of Appeals · 1972
1 more not listed; retrieve them via the Exa API.